As reproductive technology advanced, headlines announcing "Couple Battles over Frozen Embryos" became more and more commonplace. For example, in the 1980s a man went to court and succeeded in preventing his ex-wife from using their frozen embryos to become pregnant. He maintained that after he and his wife had divorced, he no longer wanted to become a parent, and should not be forced to do so against his will. In 1998, a divorced woman in New Jersey won a legal battle with her ex-husband over custody of seven frozen embryos the couple had created in vitro while still married. The wife wanted to have the embryos destroyed, while the ex-husband argued his right to adopt his own embryos to be implanted in a future partner or donated to an infertile couple.

Required:
a. In your opinion, should frozen embryos be considered property to be awarded during a divorce? Why or why not?
b. Should a man who loses custody of frozen embryos in a lawsuit be responsible for child support if his ex-wife is implanted with the embryos and becomes pregnant at a later date? Explain your answer.
c. Should the husband or wife who wins custody of frozen embryos be allowed to destroy them, against the wishes of the ex-husband or ex-wife? Why or why not?

Question

03-07-2020
Law

contestada

As reproductive technology advanced, headlines announcing "Couple Battles over Frozen Embryos" became more and more commonplace. For example, in the 1980s a man went to court and succeeded in preventing his ex-wife from using their frozen embryos to become pregnant. He maintained that after he and his wife had divorced, he no longer wanted to become a parent, and should not be forced to do so against his will. In 1998, a divorced woman in New Jersey won a legal battle with her ex-husband over custody of seven frozen embryos the couple had created in vitro while still married. The wife wanted to have the embryos destroyed, while the ex-husband argued his right to adopt his own embryos to be implanted in a future partner or donated to an infertile couple.

Required:
a. In your opinion, should frozen embryos be considered property to be awarded during a divorce? Why or why not?
b. Should a man who loses custody of frozen embryos in a lawsuit be responsible for child support if his ex-wife is implanted with the embryos and becomes pregnant at a later date? Explain your answer.
c. Should the husband or wife who wins custody of frozen embryos be allowed to destroy them, against the wishes of the ex-husband or ex-wife? Why or why not?

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Surnia Surnia · Answer 1 · 2020-07-03T06:32:11+02:00

Answer: Frozen embryo are those which are not used for the invitro fertilization and implantation procedures and then stored by the cryopreservation procedures for future use.

Explanation:

a. The frozen embryo is the advanced medical technology which can give birth to a new life. During the break up of relationships, it is advised not to be given to any one of the parents as it is the output of both parents not from a single one. Awarding to a single parent will be partiality for other one.

b. No the man will not be considered responsible for the child. It will grow by the mother after divorce the father can pay for the expenditures done on the child.

c. After obtaining the custody of the frozen embryo the parent can destroy the egg legally against the will of the ex-partner who is no longer responsible for the frozen embryo.